Daily Republican., 1887-11-22
CRIMINAL COURT.
seweii A. Whitiock, the Policy Writer,
Pleads Guilty and II SsnIenced--A
Long Argument on the Meaning OF the
Market Law.

seweil A. Whitlock, the Policy Writer
Pleads Guilty and IL SenIen ced-A
Long Argument on the Meaning OF the
Market Law.
Court resumed proceedings at 3
O'Clock yesterday afternoon with the
Chief Jnsti0e and Associates Hougtop
and Paynter on the bench.
Sewell A. Whitlock, indicted for
policy writing, came In court and
pleaded guilty. he told the court that
ne was nov out Of the business, and
intended to stay out Of 1t. He was
then sentenced to pay the costs of prose.
cution, q fine Of $500 or in default
thereof be imprisoned three mon tbs. A.
1t was said that Whitlock intended to
make statement eliminating certain
city officials his appearance in the court
room caused quite . sensation. The
statement was not made, and IL he he'd
any to make, he concluded to Keep 1t 10
John Dougherty was arraigned and
pleaded not guilty to an Indictment
him with the larceny, on Sep
tember %, oftwo pairs of shoes, valued
At %. from Adolph Rolph.
After this CASE was disposed of Al
torney General Biggs commenced argu
ment on the meaning Of the recent act
Oh the Legislature in reference to the
markets. This argument grew
out Of the case OF jeremiah r. Wood,
which was tried ut the last term Of
Court. At that time there were but
swo Judges present, the Chief Justice
and Judge Houston, and as they dis
agreed In their views of the meaning OF
the law the case was continued until
this term. The indictment charged Mr..
Wood with violating the law by selling
meat In the curbstone market which
had not been raised on his place. Mr..
BiRgs contended that the meaning of
the words "curbstone market" was to
include the entire sidewalk, and that
every one doing business there, except
those having storer, came under the
provisions Of this act. He read q mum.
Der OF old ordinances In reference to the
market in support Of his position, and
to speak until 4.3O O'clock.
He was followed by the Hon. Charles
B. Lore for tho defendant, who contend :
3D. that the intent and meaning of the
act was only to include as the curbstone
market spaces extending three feet from
The curb and six or eight feet in length.
de also contended that the property
owners had the right to four feet from
their building line, and could give or
rent the use OF 1t to whoever they
pleased, and that all such persons were
exempt from the law governing the
,urbstone markets. He said that no
farmer or trucker would be allowed to
expose his produce on o space occupy
Ing more than three feet In width, and
that Of Itself showed tina: the law was
only Intended to apply to those doing
business within that limit. BE eaid the
Iull meaning Of this law was to give the
farmers or truckers alone the right to
back up to the curb. Previous to this
aw any one could back an old wagon
1p to the curb on q Tuesday or Friday
afternoon, and hold tho place against
All comers. This was taken advantage
u by butchers, who filled up the mar,
zet to the exclusion OF the farmers, and
t was to protect the farmers that this
law was framed.
1t was not for the purpose OF de-
priving property holders of their rights,
which 1t would do If Mr.. Biggs' con.
'sruction OF the law is correct. Accord.
ng to his view OF the law o property
holder could no. start o meat store on
King or Madison ttrsct unless he trans.
soted all his business Within doors, not
the fact that he hns tie
light by law to expose or sell his goods
IN the space within four feet OF the
line. II q property holder
POSSESSES this right he certainly has the
'ower to give or sell that right to |
mother. If the Legislature had In.
ended that meat should not be sold on
he sidewalk the act would havs said |
Q, as an act Of that kind was passed in
872, but afterwards repealed. Another
act, too, 10 that this competition ena.
lies people to obtain cheap meat. The
butchers Of this city have done every.
hing In their power to drive out all |
and have now dragged
hese men into Court for the purpose Of |
irving them off the street.
He instanced the case of Mr.. Pen. |
lington, who has erected several booths |
T sheds on his property on King street |
bove Eighth, which are 30 constructed |
hat door, or shelf on hinges, is let
lown extending over the building line,
n which meat is exposed for sale. II
he construction put on this law by Mr.. |
siggs Is correct, these men have no
light to occupy these r''""7.
Mr.. Lore spoke ur 80 O'Clock, |
7hen the closing argument was made
y Mr.. Biggs. He said that previous
this act being passed cases were con.
lnually sent up to this court by justices
I the peace, on which Indictments
ould not be framed; as the law then In
orce did not cover them. Consequent.
= all that could be done when the cases
anne up was to pay off the witnesses
nd discharge them, and 1t was to rem
dy this difficulty that the present law
7as passed.
he spoke for some time and when he
oncluded the chief justice said that as
his was . very important matter, he
'ould like the counsel on both sides to
rite out their points and submit them
} the court, so that they could be guild.
In forming their opinion. A recesss
'ns taken ut O'Clock until 10 o'clock
bis morning.
hThere was an old man Of Tobaao,
we'd on rice, Cruel and sago," he had
&c bad. After he used bottle |
Salvation Oil, he could eat roast beef
ad plum pudding all right.